H.R. 5746 — MARA Act of 2025

This section establishes the Office of Aquaculture within the headquarters of the National Marine Fisheries Service (NMFS) of the National Oceanic and Atmospheric Administration (NOAA). It requires the NOAA Administrator to provide the office with sufficient resources; ensure its representation in each NMFS regional fisheries office, including at least one regional aquaculture coordinator per office; and include a separate line item funding request for the office within NMFS in budget justification materials submitted to Congress pursuant to 31 U.S.C. 1105. The office must (1) coordinate implementation of the Act, including administration of the aquaculture research program, offshore aquaculture assessment program under section 201, and permits under section 202; (2) coordinate regulatory, scientific, outreach, and international aquaculture issues within NOAA; (3) collaborate with the National Sea Grant College Program on outreach, education, extension, training, stakeholder engagement, and conferences; (4) maintain regional aquaculture capacity; (5) develop adaptive performance standards for offshore aquaculture operations that comply with environmental law, use best available science and traditional knowledge, prefer native or naturalized species, and prioritize cultured species health; and (6) enter into agreements with coastal states, upon gubernatorial request, to extend programs under sections 201 and 203 and titles III and IV to state coastal waters (without affecting NOAA permitting or regulatory authority in state waters except as specified). Additionally, this section directs the Administrator to establish an aquaculture research program—leveraging NMFS science centers, Sea Grant, and coastal ocean science centers—with functions including monitoring permitted offshore aquaculture demonstration projects, evaluating data, conducting sustainability research, administering industry support under section 301 and Aquaculture Centers of Excellence under section 302, managing a study contract under section 401, and coordinating with the Government Accountability Office on a required report under section 402.

This section directs the Administrator of the National Oceanic and Atmospheric Administration (NOAA) to establish, not later than 180 days after enactment, an assessment program to evaluate the viability of offshore aquaculture (i.e., commercial-scale finfish and shellfish farming in federal ocean waters) in light of technological advances and changing conditions, using best available science, stakeholder input, and data from permitted demonstration projects under section 202. At a minimum, the program must assess (1) the resilience of facility designs and operations to severe weather, tidal, or tsunami conditions without escapes, infrastructure damage, or wildlife entanglements; (2) their ability to minimize adverse impacts on protected species under the Endangered Species Act and Marine Mammal Protection Act, marine habitats, water quality, and navigation safety; (3) technologies for real-time monitoring of compliance, environmental effects, and interference with other ocean uses; and (4) the risks, benefits, and costs of different aquaculture species, geographies, and conditions. Not later than two years after establishing the program, the Administrator must publish the results publicly and submit a report to the National Academy of Sciences and Comptroller General describing permitted demonstration projects, information submitted for them, and progress toward the program's objectives.

This section directs the Administrator to issue permits for demonstration projects for proposed offshore aquaculture facilities after establishing the assessment program under section 201. To be eligible, a project must (1) advance the assessment program's objective; (2) cultivate only native or historically naturalized species posing minimal ecosystem threat; (3) incorporate practices minimizing escape, entanglement, and pollution risks; (4) include an escape and infrastructure loss plan; (5) comply with the Clean Water Act, Endangered Species Act, Marine Mammal Protection Act, and National Environmental Policy Act; (6) maximize compatibility with nearby marine uses; (7) conform to best practices minimizing antibiotics and pharmaceuticals; and (8) partner with specified land-grant colleges, historically Black colleges or universities, 1994 Institutions, or sea grant colleges. Permit applications must specify facility locations, operations, cultured species, egg/larvae/juvenile sources and ecosystem impact analyses, response plans for disasters/escapes/disease/infrastructure loss, and other required information. The Administrator must publish a Federal Register notice summarizing applications within 90 days, consider public comments and formal objections from Governors or Tribal leaders of specially affected coastal jurisdictions (i.e., adjacent States or Tribes with support bases or likely significant effects), give priority to projects benefiting those impacted by COVID-19 or declared disasters or sited in Aquaculture Opportunity Areas per Executive Order 13921, and collect associated socioeconomic data. Permit holders may conduct offshore aquaculture consistent with this Act and other applicable laws.

This section designates the National Oceanic and Atmospheric Administration (NOAA) as the lead federal agency for providing information on federal permitting requirements for offshore aquaculture demonstration projects under section 202 and, through its Office of Aquaculture, for conducting a single consolidated environmental review under the National Environmental Policy Act (NEPA). It further directs the NOAA Administrator to convene informal consultations for prospective applicants with representatives from specified agencies (i.e., Department of Agriculture, Environmental Protection Agency, Army Corps of Engineers, Department in which the Coast Guard operates, Department of Defense, and others as appropriate). It requires federal agencies with applicable permitting authority to coordinate reviews and provide a timely response to applicants not later than 180 days after application submission.

This section requires the owner or operator of a demonstration project permitted under section 202 to submit to the Administrator, not later than one year after project commencement and annually thereafter until termination, reports containing (1) production data; (2) information on interactions with wild species, mitigation measures taken, and results; (3) information on technology and practices used to monitor effluent, cage and gear integrity, and cultivated species health; (4) information on environmental and ecosystem impacts; (5) data for the Ocean Studies Board study under section 401; (6) owner, operator, and employee demographic data to assess benefits to fishery stakeholders and coastal communities; (7) information on navigation and safety impacts to ocean users; and (8) additional information required to meet assessment program goals under section 201. The section further directs the Administrator to provide technical assistance upon request for compliance and to establish an emergency reporting process for suspected or known interactions with protected wild species.

This section establishes a rule of construction requiring any identification or consideration of impacts or effects on human health or the environment under this title to account for (1) cumulative impacts from all sources of emissions, discharges, or releases (past, present, or reasonably foreseeable); (2) characteristics of the affected environment or population that heighten vulnerability to pollution or health risks; and (3) actions or practices with discriminatory effects based on race, color, or national origin. It specifies that a permit for a demonstration project under section 202 does not supersede or substitute for any other required federal or state authorization. The section does not apply to permit applications in process or permits in effect on the date of enactment.

This section directs the National Oceanic and Atmospheric Administration (NOAA) Administrator to support offshore aquaculture development through (1) a grant program for marketing and promotion of cultured species, developed in consultation with private sector stakeholders; (2) a grant program for workforce education and training, in consultation with private operators, academic institutions, and the National Sea Grant College Program, which may be carried out through aquaculture centers of excellence; (3) regional networks in each NOAA fisheries office to connect experts, federal contacts, and stakeholders for technical assistance, extension services, permit information, professional development, and marketing; (4) an aquaculture database within NOAA's Office of Aquaculture containing research, technologies, best practices, and advisory recommendations, with safeguards for confidential information; (5) tailored regional technical assistance programs, including regular consultations with facility operators to assess business status and identify resources; and (6) provision of science-based information and economic analyses to financial institutions to enhance capital access for offshore aquaculture assets (e.g., equipment, permits, inventory, intellectual property), with encouraged collaboration among federal agencies and regional networks. It further provides that information included in the database does not constitute a "printed publication" or disclosure that qualifies as prior art under 35 U.S.C. §102(a)(1) or exceptions under §102(b). (Thus, inventors sharing aquaculture-related information in the database retain novelty for patent purposes without triggering the one-year grace period or other prior art bars.)

This section directs the Administrator, not later than one year after enactment and in consultation with specified stakeholders, to establish a grant program for covered institutions—defined as minority-serving institutions, Native Hawaiian-serving institutions, Alaska Native-serving institutions, historically Black colleges or universities, or Tribal colleges or universities—to establish or enhance aquaculture curricula for undergraduate, graduate, or certificate programs, with recipients designated as Aquaculture Centers of Excellence. Grants may fund training in aquaculture entrepreneurship skills (e.g., offshore operations, business management), natural and social science research, extension programs for community and K-12 education, and career development activities such as apprenticeships and internships; covered institutions may partner with other institutions of higher education. Authorizes $25 million for each of FY2026 through FY2030, to remain available until expended.

This section establishes the Working Waterfronts Grant Program under new subsection (c) of section 306A of the Coastal Zone Management Act of 1972 (CZMA). (The existing section 306A authorizes resource management improvement grants to eligible coastal states for coastal preservation and restoration, urban waterfront redevelopment, public access, and aquaculture permitting.) The program requires the Secretary of Commerce, in consultation with coastal entities, federal agencies, and stakeholders, to issue guidelines and award regionally equitable, competitive grants to eligible covered entities (i.e., those with CZMA-approved management programs)— (1) to develop a working waterfronts plan (as defined under subsection (b), not provided); (2) to implement or revise an approved working waterfronts plan, including acquiring working waterfronts or interests therein, constructing or repairing wharfs and boat ramps, or conducting climate adaptation and mitigation; or (3) for related technical assistance (up to 5% of annual funds), such as resilience planning and best practices dissemination. Grants require applications consistent with state management programs, with decisions within 60 days; award criteria include economic and cultural significance, needs, matching funds capability, ownership turnover risks, and ecosystem impacts; most projects must enhance public access to coastal waters; acquisitions are limited to fair market value from willing sellers; and grantees may allocate funds to local governments, nonprofits, or cooperatives.

This section directs the Administrator to conduct outreach on sustainable offshore aquaculture to promote understanding, science-based decision making, and commercial adoption. In doing so, the Administrator must engage (1) the general public, (2) community leaders, (3) governmental officials, (4) the business community, (5) the academic community, and (6) the nonprofit sector.

This section directs the Administrator to contract with the Ocean Studies Board of the National Academies of Sciences, Engineering, and Medicine to conduct a study developing the scientific basis for efficient and effective regulation of offshore aquaculture (i.e., marine finfish, shellfish, and seaweed farming in federal ocean waters). The study must be completed and submitted to Congress not later than five years after the Administrator establishes the assessment program under section 201. The study must (1) identify optimal facility operations to limit adverse effects (including siting guidance, stocking densities, and selective breeding); a science-based definition of responsible feed and inputs; potential adverse effects (e.g., from antibiotics, pollution, wildlife interactions, disease spread, predator controls, and non-sustainable feeds); mitigation methods and technologies; user conflicts and solutions; necessary data sources (including citizen science as defined in 15 U.S.C. 3724(c) and Tribal/Indigenous traditional knowledge); and best practices for siting amid climate changes; and (2) recommend legislative or administrative actions on operations, adverse effect mitigation, sustainability standards, and adherence to international social responsibility, public health, and labor standards.

This section directs the Comptroller General of the United States to submit to the appropriate congressional committees, not later than five years after the Administrator establishes the assessment program under section 201, a report examining the permitting, monitoring, and regulation of offshore aquaculture during the preceding 15-year period. The report, based on available literature, case studies, and aquaculture stakeholder input, must (1) assess the feasibility and potential implications of designating a lead agency for issuing offshore aquaculture permits in a timely manner; (2) identify lessons learned on factors affecting project success (e.g., type, location, regulatory framework, state/Tribal involvement), safety and compliance protocols (e.g., escape prevention, emergency response, monitoring), incentives and synergies with fisheries, environmental effects, economic/social benefits, market impacts on wild-capture fisheries, investment and workforce needs, research gaps, economic potential under varying structures, and existing regulatory models; and (3) include recommendations on regulatory processes (e.g., permitting, siting, decommissioning), safeguards and monitoring to minimize impacts on communities and environments, interagency coordination, stakeholder involvement (including coastal jurisdictions, Tribes, and fishery councils), incorporation of local knowledge, agency capabilities, and effects of private rights of action or sovereign immunity waivers.